What is the current state of the law in relation to the balancing test?

Twenty-six years after Mullane , Mathews v. Eldridge created the oft-cited three-part balancing test applicable when analyzing "the specific dictates of due process." 424 U.S. at 335, 96 S.Ct. 893. Mathews recognized that "due process ... is not a technical conception with a fixed content unrelated to time, place and circumstances," id. at 334, 96 S.Ct. 893 (quoting Cafeteria Workers v. McElroy , 367 U.S. 886, 895, 81 S.Ct. 1743, 6 L.Ed.2d 1230 (1961) ), and held:

[971 F.3d 1066]

Id. at 335, 96 S.Ct. 893.